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LIBRANDI v. STOP AND SHOP FOOD STORES, INC.

7 A.D.3d 679 (2004)

776 N.Y.S.2d 846

ROSEMARIE LIBRANDI ET AL., Appellants, v. STOP AND SHOP FOOD STORES, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 17, 2004.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence, a plaintiff in a slip-and-fall action must demonstrate that the defendant either created the condition that caused the accident, or had actual or constructive notice thereof (see Pomerantz v Culinary Inst. of Am., 2 A.D.3d 821 [2003]; Luciani v Waldbaum, Inc., 304 A.D.2d 537 [2003];

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